Legal Opinion

State v. Avila

Court of Appeals of Texas

Decided November 3, 1994No. 08-93-00461-CRPublishedCited by 8 opinions

1Opinion of the Court

OPINION

LARSEN, Justice.

The State appeals the 210th District Court’s order in this murder prosecution suppressing certain evidence obtained, pursuant to a search warrant, by surgical removal from defendant Gilbert Avila’s body. We reverse.

FACTS

Gilbert Avila is under indictment for the death of his wife, Jacqueline Avila. On July 16, 1993, Ms. Avila died of multiple gunshot wounds inflicted following a heated argument with her husband. Five slugs were recovered from her body. Mr. Avila was also shot, and a bullet remained lodged below his ribcage. Detectives investigating the scene found two…

2Cases cited28 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Romero v. StateCourt of Criminal Appeals of Texas · 1990
  3. David W. McKay v. TexasSupreme Court of the United States · 1986
  4. Winston v. LeeSupreme Court of the United States · 1985
  5. Calloway v. StateCourt of Criminal Appeals of Texas · 1988

23 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Villarreal v. State, Texas Court of Appeals, 13th District2001
  2. In re HarrisNew York Supreme Court · 1995
  3. Elenilson Flores Rodriguez v. State, Texas Court of Appeals, 13th District2015
  4. Jose Federico Reyes Villarreal v. State, Texas Court of Appeals, 13th District2001
  5. Porter, Edward F. v. State, Texas Court of Appeals, 13th District2001

3 more not listed; retrieve them via the Exa API.

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